Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possessing and trafficking narcotics---Bail, refusal of---Accused were named in the F.I.R. with a specific role attributed to them that a huge quantity of narcotics (charas) was recovered from their possession---Case against accused persons prima facie attracted the provisions of Ss.6, 7, 8 of Control of Narcotic Substances Act, 1997, punishable under S.9(c) of the Act for which the punishment was provided to death, imprisonment for life or 14 years---No authentic documents had been produced by the counsel for accused regarding case of accused to prove that accused was a juvenile---Accused were not entitled for the concession of bail, in circumstances. ORDER SHAKIL AHMED BALOCH, J.---This bail application is directed against the impugned order dated 7th August, 2013, passed by the learned Special Judge, Control of Narcotic Substances Act, Balochistan, Quetta. The applicants are facing trial for offence under sections 9(c), 14 and 15 of the Control of Narcotic Substances Act, 1997, registered at Police Station A.N.F., Quetta vide F.I.R. No. 42 of 2013. 2. Brief facts of the case are that a spy information was received that a huge quantity of narcotics and liquor are being smuggled from the house of the applicants situated at Lore Karez, Munir Ahmed Mengal Road, Quetta. Upon such information, a raiding party headed by Subedar Muhammad Khalid along with Lance Naik Hashmat Ali, Constable Zulfiqar Ali, Driver Khudai Nazar and a lady constable raided the house, where 1500 Grams of Charas and 1424 bottles of liquor as well as 1400 tins of beer were recovered from the possession of the applicants/accused. The accused persons were arrested and the F.I.R. was lodged accordingly. 3. The learned counsel for the applicants contended that the applicants are innocent and have wrongly been implicated in the instant case. No independent witness has been associated during the alleged recovery and thus has violated the provision of section 103 of the Cr.P.C. Neither the house belongs to the applicants nor they were arrested from the same. The counsel for the applicants…

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